When you’re involved in a case, you learn a lot about your clients. A lot. Some may argue that you might even end up knowing them a little too well. So well, in fact, that maybe you think that their situation creates a cautionary tale (and a good marketing piece) for your blog. When it comes to client confidentiality and blogging, where’s the line for lawyers?

Hunter v. Virginia State Bar Created Far-Reaching Implications

Horace Hunter, a trial lawyer and active blogger, creates blog posts related to the cases in which he successfully advocated for his clients. However, there are times when Mr. Hunter would use a significant amount of detail about his clients. And the Virginia State bar noticed Mr. Hunter’s blog…and that it did not include applicable disclaimers required in Virginia for attorney advertising.

Initially, the Virginia State Bar found that Mr. Hunter violated both client confidentiality rules and attorney advertising rules. Mr. Hunter fought the bar’s findings all the way to the Virginia Supreme Court. Regarding the information related that could be considered a core component of client confidentiality, the majority held that the First Amendment provides protection for a lawyer who identifies clients by name as long as that information has already been public (as it is in court records). The Court held that lawyers receive just as much protection as a member of the public or media would if they are repeating information in the public record…even if that information doesn’t paint the client in a good light.

The Court also held that Mr. Hunter’s blog mixed commercial and political speech and that meant that there was no First Amendment protection because case-related blog posts were inherently misleading. Mr. Hunter was required to post disclaimers that comply with Virginia’s attorney advertising rules for any post that was case-related.

Just Because You Can, Doesn’t Mean You Should

In Hunter, it’s important to note that the information Mr. Hunter used regarding cases was information already found as part of public record. Client confidentiality didn’t apply. Yet, just because there is certain information provided as part of public record doesn’t necessarily mean that you should highlight it, especially if it involves specific identifying information that could embarrass or cause problems for your client.

Of course, it’s also important for you to read the ethical rules in your jurisdiction to know whether blogging about completed legal cases and addressing facts made public (let alone the name of your client) would violate client confidentiality rules or any other rules.

Law office technology is a topic of great interest. While law office technology choices change (and improve) at such a rapid pace, legal ethics are often slow to keep up. The big question is whether legal tech can really help a lawyer comply with legal ethics. The short answer is that it’s possible. While technology is only as good as what you choose to do with it, it can help you improve how your law office operates. That improvement may bring you into compliance or make staying into compliance with legal ethics much easier. In this post, we’re going to look at a few broad categories of law office technology and briefly discuss how they may help you.

Scheduling Tools for Lawyers

Think about the last time you missed a deadline, forgot about a new client consultation, or missed an appointment with an existing client. Answer honestly: how often does that happen to you? Between the ability to create reminders on your smartphone and scheduling tools designed specifically for lawyers, there’s really no excuse to miss any appointment or deadline. Remember that missing deadlines and appointments can lead to a legal ethics complaint being filed against you.

Consider the main issue. Do you primarily miss deadlines for filing documents with the court or internal deadlines that would keep you on track? Do you primarily miss new client consultations and appointments with existing clients? Of course, if you struggle with keeping deadlines and dates in general, you might consider using both internal scheduling and client scheduling tools.

For internal scheduling, you can do something as simple as utilizing Google calendar (or the calendar that comes built-in to whichever email program you use). Google now also has Google Assistant which can be used to create reminders that will appear on your phone. You can also use Google Keep to create a basic to-do list that you can eventually migrate over to your calendar with the appropriate date. If you use Outlook, make sure that you take full advantage of Task Manager. Task Manager allows you to use both deadlines and reminders. If you have an assistant, share your calendar with them. They can help you create the reminders that you need.

Let’s talk about consultation and appointment scheduling. If clients still primarily call in to set consultations or appointments, they can be placed directly onto your calendar (particularly if you share it so that your assistant can access it). If you’re looking to take more advantage of law office technology, tools like TimeTrade and Acuity Scheduling are great options. Acuity even allows you to accept payments at the time of scheduling if you charge for consultations.

Automate Your Billing

Unpleasant billing surprises are a common reason why clients file legal ethics complaints with the bar. It’s imperative that you stay on top of your billing. Additionally, a bill should never be sent without you reviewing it for errors first. There are several law office technology options to help you automate your billing. A few options to get you started include Clio with LawPay and MyCase with PayPros Legal. In addition to automatic invoice creation, online billing generally allows your clients to pay online.

A tool of this nature makes it much easier to get bills out on time and keep clients up to deate on their cases as required by legal ethics rules!

Easier Communication with Clients

Failure to keep clients updated on their matters is another main factor behind why legal ethics complaints are filed. Law office technology provides solutions to this problem. There are options that allow clients to log-in to a secured platform and receive files or read messages from you. You can also use it to create a monthly email template that you can change to update each client individually on their matter.

Choosing the Right Law Office Technology for Your Needs

While we’ve discussed some of the more common law office technology options that can help you minimize risk for the most commonly violated legal ethics rules, that doesn’t mean that they’re right for you. Objectively assess the needs of your office and how those needs could leave you at risk. Then, seek out the options that are right for you.

]]>https://californiastatebardefense.com/2018/11/13/can-law-office-technology-help-comply-legal-ethics/feed/01205Fitness to Practice: What Should You Do If the Bar Questions Your Ability to Practice?https://californiastatebardefense.com/2018/11/12/fitness-practice-bar-questions-ability-practice/
https://californiastatebardefense.com/2018/11/12/fitness-practice-bar-questions-ability-practice/#respondMon, 12 Nov 2018 17:31:23 +0000http://californiastatebardefense.com/?p=1202

There are few things more terrifying in the life of a lawyer than receiving a letter from the bar questioning

There are few things more terrifying in the life of a lawyer than receiving a letter from the bar questioning their fitness to practice. Most lawyers are at a loss on what they should do. This causes panic. And panic only makes the entire situation worse. If you’re notified that the bar is questioning your fitness to practice law, here’s what you should do.

Read the Entire Letter

We know that this suggestion likely caused you to feel dread. However, reading the entire letter is necessary so that you can understand what happened that caused the bar to send the letter in the first place. Did you recently relocate? If so, it’s likely that you forgot to do something you needed to do. The objective is to determine if you missed part of the process or if the bar think you may have done something within your practice that caused concern.

Review the Rules in Your Jurisdiction

Having your fitness to practice law questioned is an extremely serious matter. Once you understand the reason why the letter was sent, you can review the rules listed within the letter. This will help you better understand what’s happening. You should also read any other applicable rules related to your practice. Understanding how these rules work together can make it easier for you to craft a defense before you write your response.

Locate the Proper Resources Before You Respond

Before you respond to defend your fitness to practice, make sure that you locate the proper resources. Search for message boards with members who’ve faced similar situations. What did they do? What worked well for them? If any of your colleagues or friends have been in a similar situation, talk to them. Ask them about their response. What resources did they rely on? Look on the bar website and other websites devoted to lawyers in your jurisdiction. There may be articles that can help guide you. The proper resources can help you understand the process as well prepare you for what’s to come. You may also be able to learn important points that can help you in your defense.

Consult with an Ethics Defense Lawyer

Nothing shakes the confidence quite like the experience of the bar questioning how you practice. It can make you feel less confident in yourself and in your abilities. Consider scheduling a consultation with an ethics defense lawyer in your area to learn more about the bar and what you need to do. Depending on the severity of the potential consequences, you may want to find someone who provides limited-scope representation or full-scope. They can guide you as to what phrases may be helpful and the tone that you should take to increase the likelihood of the bar treating you more favorably. Regardless of whether you choose to ultimately represent yourself, get help with your response, or hire an ethics defense attorney to handle the matter on your behalf, a consultation can help point you in the right direction.

Stay Calm When Interacting with the Bar

From your initial response to the letter questioning your fitness to practice all the way through the end of the process, stay calm when you interact with the bar. Successful navigation of this circumstance requires that you are able to remain objective and think clearly. If you cannot remain calm, you should talk with an ethics defense lawyer. Angry tones will not help you during this time. Try putting yourself into the shoes of any of your past clients. You’ve dealt with at least one who was worried about what was happening. What did you do to help them become more objective? Take some time to center yourself before you respond to the allegations against you.

Intimidation can happen any time. During the holiday season, intimidation and distraction often gallop hand-in-hand throughout law offices. Limited court hours, limited availability of witnesses and opposing counsel, and wondering how you’re going to stay on top of everything can make you feel like you’re fighting a losing battle. In this post, you’re going to learn some valuable productivity tips that can help you stay ahead of the game and crush intimidation at its root.

Determine the Root Cause of Intimidation

Why do we get distracted? The truth is, a myriad of reasons contribute to it. One of the main reasons is intimidation. We have this overwhelming feeling (and, often, overwhelming thoughts) that make us feel as if we simply cannot do whatever it is that we need to do. It is a hard feeling to resolve.

Yet, resolving it must be a priority before it increases your risk of facing an ethics complaint from the bar. To resolve intimidation so that you can be more productive, you have to identify exactly what is intimidating you. Is it your entire to-do list? If so, you have some options. Go through it and remove the things that really aren’t a priority right now. If there are items left that still intimidate you, you’re still off to a good start. Keep in mind that the longer you allow those tasks to remain on your to-do list, the more intimidation you’ll feel.

For those items making you uncomfortable, think about why they intimidate you. In her article on crushing intimidation, Megan gives two great examples on doing this: finding upcoming CLE presentation opportunities and building a website. Both require lawyers to really think about what is bothering them. For the CLE presentation example, Megan mentioned lawyers dealing with “imposter syndrome” as well as a fear of public speaking. For website building, she mentions the possibility of the feeling rising from being afraid to talk with a web developer because lawyers aren’t always up-to-date on best practices and the vocabulary used during those sorts of discussions.

Once you identify the root cause of the feeling, you’re better able to solve it. You can take classes on public speaking. You can read some articles on basic web design so that you can hold a conversation. You can find resources to deal with the root of the problem. This is the number one productivity tip we can give you.

More Productivity Tips for Lawyers

Productivity tips are all over the Internet. Yet, there’s an important point that you should keep in mind. Not all productivity tips work for everyone. It’s okay if you try some and they don’t work for you. It’s okay if you modify them to make them work better for you. So, keep an open mind. Obviously, we’re not listing all of the productivity tips found on the Internet. If we miss one that you use and that you believe would be highly beneficial to others, drop it in the comments!

Create a list. We know this seems extremely basic. We don’t want you to write down every little thing you need to cram into your day (unless that works for you). We want you to make a list of the things that must be done or addressed today. You can use Evernote, Google Keep, OneNote, Outlook Task Manager, or just a notebook. Whatever works for you is best. Once you create your list, prioritize it. What is most important?

Plan ahead. Take time at the end of every day (and on every Sunday) to plan ahead. What does your week look like? Taking 15 minutes to plan ahead is 1% of your day that you use to control your future time. Add can’t-miss deadlines and appointments to your calendar first. Look at your other to-do items. Are there any you can delegate? While delegation itself is one of the most powerful productivity tips, coming up with your list beforehand can make the entire process less stressful.

Embrace the deep work concept. Deep work is a concept that helps you create a focused time for you to buckle down and get a lot of work done. There’s even a book about the concept. Some of takeaways you can use include:

Turn off your social media notifications. Social media will be there later.

Create a strict amount of time that you will spend working and focus it on your most important projects. This is the time when you’ll work on your most pressing deadlines. Try to make this a time that you feel most focused and naturally energetic.

Think about how you can improve processes during your commute or exercise time. It’s okay to zone out a little during this time. You’d be surprised at the work your brain will continue to do on your behalf.

Use the 4 Disciplines of Execution: focus on what’s incredibly important; act on lead measures; use a visible tracking system so that you know exactly what you’re doing with your time; and create a way that you can be held accountable.

Find the time wasters and limit them. Email is necessary. Spreadsheets are often necessary. In the digital world, messaging your team through Slack or Trello is necessary. But they can also be a waste of your time. Those little tasks are a nice distraction, but they can really eat up your time. Schedule specific times to handle those little items.

Take a break. It sounds counterproductive, but it’s not. Sometimes, your brain just needs a break. There are a lot of productivity methods, such as Pomodoro and the 90/20 method, that advocate for working a specific amount of time and then taking a break for a set amount of time. It’s a great way to refresh your eyes and your brain. Breaks can be a work-out in the middle of the day, taking a walk, yoga, meditation, listening to a podcast, or doing whatever it is you want to do.

Delegate! Delegation really is one of the best productivity tips for lawyers. What can someone else handle for you? This can be administrative work, social media marketing, or help with active cases that doesn’t require a law license. Your time is precious. It should be spent doing what only you can do.

Protect Your Productivity

There are only so many hours in a day. Lawyers face a bigger risk of substance abuse and burn out when compared with other professions. Do yourself a favor and use the productivity tips that work best for you and gain more control over your day. You’ll be glad you did!

]]>https://californiastatebardefense.com/2018/11/05/beat-intimidation-productivity-tips-lawyers/feed/01193Starting a Small Law Firm: Where Should You Office?https://californiastatebardefense.com/2018/10/30/starting-small-law-firm-office/
https://californiastatebardefense.com/2018/10/30/starting-small-law-firm-office/#respondTue, 30 Oct 2018 16:10:37 +0000http://californiastatebardefense.com/?p=1190

Starting a small law firm comes with a lot of challenges. Yet, it’s also extremely rewarding. There are a lot

Starting a small law firm comes with a lot of challenges. Yet, it’s also extremely rewarding. There are a lot of resources available to lawyers who are interested in starting a small law firm. Those resources guide lawyers through the mechanics of opening and running the business. In this post, we’re going to look at office choices and some factors related to each that might help you make your decision.

Traditional Office Space

Let’s start with what most lawyers and clients are most used to seeing: traditional office space. If you’re starting a small law firm, the idea of having your name (or the name of your firm) on a plaque or sign outside as well as a beautiful waiting area, conference room, and the actual offices create a nice impression. It really is what most people think about when they read or hear the words “lawyer,” “attorney,” or “law firm.”

There are some serious advantages for this type of set-up. There’s plenty of room for you and your staff to work. You have space if you need temporary staff (which you may find beneficial when you’re extremely busy because staffing agencies won’t send workers to home offices). You (and the public) see your name or the name of the firm outside of the office. You have a place where you can meet with clients. If someone looks you up on Google, they get an office address (instead of a post office or your home address). You’re also in complete control of your space. From an ethical perspective, the control you’re able to exert over the environment can work in your favor when it comes to protecting yourself from an ethics complaint.

However, there is a serious drawback. It creates solitude. Sure, that might sound great. Yet, if you’re solo lawyer and you’re not sharing your space with other lawyers, you can end up inside of a bubble. Also, depending on the size and the price, you may find that using a traditional office space when you’re starting a small law firm can be more expensive than you thought.

Shared Office Space

So, what can you do it you love the look of traditional office space but find that the price is just too much for you to handle alone? Look for shared office space. You could still get access to the conference room, mail delivery, and maybe even support staff. Depending on who you share space with, you may even get access to a shared law library. This can be a fantastic option when starting a small law firm.

Keep in mind that you may have to plan out or consult a schedule to determine when you can access the conference room. You also won’t have a lot of control over who you share the space with unless you first choose the space and then choose your own office mates. Do you really want to share space with someone who is your direct competition or someone that you really don’t like? Do you really want to share space with someone you may not know very well?

When it comes to ethics, you could have more risk when starting a small law firm in a shared space. While you’re not generally responsible for the actions of someone else you share space with, you really have to put a lot of thought into the fact that you’re sharing common space and support staff. You certainly don’t want to defend a bar complaint that includes you when you weren’t really involved in what happened.

Working from Home

More and more lawyers starting a small law firm decide to work from home. There’s no commute. There are tax benefits. You don’t have a lot of additional expenses. You may even be able to increase your productivity. What’s not to love?

Well, since you asked…the drawbacks depend, at least to some degree, on your practice. If you’re a high-volume practice and you need support staff, a place to store paper files, and you need to attend a lot of client meetings, that can be a problem if you’re working from home. Depending on where you advertise, you’ll have to consider getting a virtual office address or a PO Box since you won’t want your home address out there. Your home address may not appeal to your potential audience, either.

There are also the usual suspects of distraction that you won’t necessarily be immune to because you’re an attorney. You may fall into the “I can work on it later” mindset and then clean your entire house (or go out for the day). “Later” shows up at the most inconvenient time. You may find that you’re not at your mental best at the end of a busy day around the house or being out and about. It’s also not an easy feat to separate out your work from your homelife since you now live where you work. So, while working from home can be an option, it’s important that you really think about how it will affect you and your practice.

Coworking Spaces

Coworking spaces are on the rise! Many even provide you with access to a meeting space and a professional address. It can help eliminate the distractions often found when someone works from home while also being less expensive than paying for your own office space.

Yet, coworking spaces create another set of circumstances that you may not like. You could have people in the coworking space who are there for socializing (or who just people who do a lot of talking while they work). This can take up a lot of your devoted work time or just wear you out. You also won’t have dedicated space to secure your files. It may create an ethical issue since you could have sensitive client information with you.

Starting a Small Law Firm: Do Your Research and Weigh Your Options for Office Space

Before you choose where your primary office space will be located, do your research and weigh your options. Laptops, portable Wi-Fi, and easy access to other forms of technology mean that you can probably take your “office” with you. Yet, it’s still important to think about how doing so could impact your law office.

We have a great solo law practice tip for you today. This tip is important because as a lawyer, you have an ethical obligation to follow the directions of your client. To help you fulfill your obligation, we’re going to outline actual arrangements where the client may actually be different from who you think it is.

When the Payer Is a Third-Party

Third-party representation is common in many practice areas. The third-party payer may be an insurance company paying to represent their insured in a personal injury lawsuit, a parent who is helping an adult child pay for a divorce, or even a parent paying a criminal defense lawyer to represent their adult child. In short, a third-party payer is someone who is responsible for paying your free while you work directly with another person.

So, who is the client? It’s the person that you’re representing in the matter. The third-party payer is not your client. The directions you should follow come directly from the person you work with, not the person who pays your fee. Third-parties should not be given privileged information.

More Than One Owner of Property Involved in a Transaction or Dispute

Common in real estate law and family law, property may have more than one owner. And what happens if you’re not representing all of the owners? What if it’s a divorce case and the down payment on the home was given by one of the spouse’s parents in exchange for equity? And, what if one of those parents with equity contacted you?

As you can probably imagine, the scenario could quickly become muddled. You could end up with a lot of different people who think you are representing their interest. Well, the third-party who contacted you is an owner and not the client. You are still required to follow the directions of the client who hired you.

Joint Representation

Joint representation can be an extremely sticky situation. If you’re an immigration lawyer and you’re currently working to bring a non-citizen spouse into the United States, it is possible that the couple could decide to get a divorced during the process. If you’ve been paid in full, who can ask for a refund for the fee paid to you if they were entitled to do so? The answer is which person you’re representing, your client. This points out another important practice tip. If you’re involved in situations that could result in joint representation, make sure that you have signed conflict waivers and have a conversation with your client (and anyone else partially involved) about who your client is and whose instructions you will follow.

Representing an Institution

Representing an entire business that has more than one owner (or a board of directors, legal department, or shareholders) can create a confusing situation. So, who is the client? Is it each person who gave you conflicting instructions? No, it’s the institution. It’s not every person who disagrees. It’s not the person who brought the business to you. You may have to tell the person who speaks on behalf of the entity what’s going on or discuss with them the strategies that may harm the business. Then again, you may have to move up the chain of command if you’re contact person is the one giving you the bad instructions. These instances must be handled delicately.

Representing an Entity and Some Individuals Within It

Sometimes individuals associated with the entity you’re representing will also need your help as a lawyer. It’s not uncommon for an entity to use one lawyer to represent it and individuals within it. Yet, this can also become a problem because of a potential conflict of interest. For example, securities fraud involves both the individual and the entity. Who you represent will become an issue.

If you’re involved in this sort of scenario, our solo law practice tip is for you to protect yourself by discussing in advance (and revisited) who the client is if a conflict of interest between the entity and the individual becomes obvious.

And That’s Just a Small Sample

Of course, the above text doesn’t explain every instance where it might be difficult for you to determine who your client actually is. We’d like to summarize this piece with the following solo law practice tip: outline the defining roles of everyone involved at the beginning of representation. This could help you avoid future problems!

Attorney bar complaints in California are taken very seriously by the ethics committee. Thousands of complaints are filed against lawyers every year. How can you help protect your practice year around? The good news is that it’s easier than you think. In this post, we’re going to explain five steps you can take. Since we’re quickly coming into the 2018 holiday season, there’s no better time than now to work through these steps. They’ll help you keep your practice on track during the busy holiday season and get you ready for the new year!

Review Your Client Intake Process

The first step you should take to protect your practice from an attorney bar complaint in California is to review your client intake process. In short, do you have a way to screen out potential clients that could cause a problem for you in the future? To keep this simple, you can create a checklist that acts as a screening tool. It should include:

Subject matter. Make a point to only take on clients in the areas of law where you have adequate experience. Of course, many lawyers decide to change their practice area. Before you take clients in that area, you need to get experience or get a mentor.

Can the client pay? The inability of someone to pay their invoice can cause a serious problem for you in more ways than one. If you’re actively working on their case, you may not be allowed to just stop helping them even if they don’t pay. Make sure that you get a reasonable retainer and that they have a means to pay you before you take on their matter.

Is there a history of litigating against their previous attorneys? If so, this is a huge red flag.

Will you be able to contact the client when necessary? One of the main reason attorney bar complaints in California are filed is because of lack of communication on the part of the lawyer. So, make sure that you know how often they expect information, that they understand how they can get updates, when you routinely update clients on their matters, whether you’ll call or email them, whether they’ll have a log in to a program like Clio that allows lawyers to securely message clients, and that you have all of their contact information.

Are their demands reasonable? This needs to be assessed during client intake. If their demands are not reasonable, such as drafting and filing a motion on the same day because that’s the deadline for it to be filed, do not take on the client.

Consider your personal experience. What actions or behaviors have you noticed in the past that came from a problematic relationship with a client? Consider how you can possibly screen for those problems so that you can avoid a repeat.

Communication Is Key

It’s important that you stay on top of communicating with clients. You should create a written policy that explains how and when you return messages left by phone or respond to emails. When others know what to expect and you follow through on it, you are taking a necessary step in protecting your practice. Make sure that you use your out of office responder and change your voicemail greeting to let people know that you’re out of the office, when you will return, and then they can expect to hear from you.

We know you’re busy. It’s not always easy to make the time to return phone calls or reply to emails. Create a block of time during the day that is reserved for returning calls and replying to emails. This creates an uninterrupted time for both you and the client to focus on their needs. You’re less likely to overlook something when you’re focused on the task at hand than if you’re sending a quick response between other projects.

Clients want to hear from you. They want updates. It helps them control their anxiety. What they don’t like, though, is to think that their invoice total is skyrocketing. So, let them know in advance when they will receive updates from you and stick to it. This will help clients know what to expect and it could also reduce the number of phone calls your office gets from clients who just want to know what’s going on.

Don’t Miss a Deadline

To protect your law office from an attorney bar complaint in California, you need to have a system that will help you track and adhere to deadlines. There are several ways that you can do this:

Use technology to create electronic ticklers. You can use your online calendar, Outlook Task Manager, or docketing software to create the reminders you need for your deadlines. Of course, setting up the reminders is only effective if you use them. Don’t just automatically dismiss them because you don’t want to see the popup. If necessary, choose a reliable member of your team to get the reminders so that they can tell you what should be on your daily agenda.

Create a paper tickler file. To do this, you’ll set up a filing system using cards. Each card will reflect one day of the year. Place your important deadlines on the appropriate card. Check the daily card (as well as the cards for the next seven days) and make a list of what you need to do. The items listed on today’s card must be completed by the end of your workday.

Create and use a master calendar. This can be a paper calendar or an electronic calendar, but you just need one calendar where everything is recorded. This will help protect you from important deadlines being missed because you forgot to write it down or you put it on a different calendar. You can still use a separate calendar when you’re on the go, just make sure that the information gets transferred to the master calendar by the end of the day. Make sure that you put recurring tasks, such as weekly meetings or reminders to generate invoices, on the master calendar as well!

Stay on Top of Your Billing

Think about a time where you received a bill that totally surprised you because the total was more than you expected. Your clients don’t want surprises on their bill, either. That often happens because you’re not doing your billing on a daily basis and you’re not staying in contact with clients during the billing cycle.

Your billing should be put into the system every day by either you or someone on your team. Invoices should be sent out the same day of every month. If a client is going to likely exceed their retainer during this billing cycle, contact them and find out what they’d like you to do instead of you sending them a bill larger than they expected.

Track Your CLEs

Make sure that you’re up-to-date with your mandatory CLEs. This is extremely important when it comes to attorney bar complaints in California if they are started by the ethics committee. You can be prosecuted if you don’t keep accurate records of your CLEs or if you fail to complete them. Know your CLE deadline and make sure that you have them completed. Keep your documentation in a place that makes it easy for you to find just in case you’re audited.

Don’t Put These Steps Off

We know that it may seem time consuming to create the systems involved in the five steps above. Think of it as an investment into your future practice. If you’re involved in a bar complaint investigation in California, check out The State Bar Playbook. It’s an interactive guide that can help walk you through the entire process and gives you access to a community who can give you the information you need. If the potential consequences are severe or if you have a history of bar discipline, schedule a consultation with Zavieh Law. We provide both partial scope and full-scope representation.

Recently, Megan Zavieh and Jess Birken sat down with Jared Correia to discuss how lawyers can get started with digital products. You can listen to this particular episode of On the Road by clicking here. This post highlights the main points.

What Is Productizing?

Productizing means that you’re using a digital information product to scale your practice. People get the legal help that they need from your digital product. Think about the last time that you watched a YouTube video, read a digital book, or made use of a PDF. All of those are versions of digital products. What you provide can be something that your selling, such as state specific forms or a guide on basic concepts that you find yourself explaining on a regular basis. It can also be a free guide or email course that you use to get people interested in hiring you in the future.

Why Don’t Lawyers Do This?

Digital products are common in many industries. While it is beginning to be used by lawyers, it hasn’t caught on as fast as it has in other industries. Why not? As a whole, the legal industry is behind the curve when it comes technological concepts. The thing to keep in mind is that digital products are a great way to grow your practice without trading your time for money.

How Can a Lawyer Get Started with Productizing?

Getting started with productizing can be an overwhelming process for most lawyers. Where do you start? First, identify what you want to create by choosing a problem that you find yourself addressing on a regular basis and to which you can provide an expert solution. Next, break that problem down into small pieces so that you can figure out what to productize. For example, Megan created The State Bar Playbook. This is an interactive guide that helps guide lawyers through the California Bar Discipline System. Lawyers can access videos, a forms library, a forum, and have an interactive PDF. She took her expertise and broke it down into something that a lawyer could opt to use on their own.

What’s the Real Benefit of Digital Products?

Digital products can work for your practice in a variety of ways. However, the main benefit is that you’re creating a scalable service. There are only so many hours in a day. Digital products can reach more people.

While we’re still a few weeks out from the start of the holiday season for 2018, we wanted to share some tips for work life balance to help solo lawyers feel more prepared for the holiday season. The end of the year is when people tend to spend more time with their family and friends. For solo lawyers, this can be a stressful time. Making sure that all deadlines are met, working with opposing parties to schedule hearings and depositions around everyone’s holiday plans, and working with shorter court hours can make this time of the year difficult. One of the best things you can do as a solo lawyer is to begin preparing now.

Here are five tips for work life balance to help solo lawyers have a better holiday season.

Plan Ahead for the Holiday Season

This is our top tip for work life balance. The holidays come at the same time every year. Do what you can to plan ahead. If you’re going to have shortened hours and you aren’t traveling, make a plan. Think about who you need to inform that you’re taking some time away from the office. If you’re traveling, keep in mind that you may want to take a day or two away to prepare to travel or a day or two upon your return to rest and prepare to come back to the law office.

Traveling? Taking Time Off? Get a Backup Attorney

Every solo lawyer should have a backup. It helps protect you from malpractice. It can even mean you pay a lower malpractice insurance premium. If you plan to travel or take time off during the holidays, a backup attorney can help you by handling emergency that come up during your absence. Look for someone who practices in the same area of law and who is in your general area. If you have active matters with hearings, conferences, or other appointments that can’t be rescheduled, make sure that your backup is up to speed on your matters and has access to your files.

Give Advance Notice of Your Plans

You should contact your active clients and opposing counsel to let them know about the time you’ll be traveling or out of the office. If you have active cases filed with the court, make sure that you follow the court’s directions (in advance) to inform the court and opposing counsel of the time period in which you’ll be unavailable.

Rely on Technology During the Holidays

Technology is meant to help us. There’s no better time to rely on technology for that help than the holiday season. Change your voicemail and your out of office response on your email to let people know when you’ll be out of the office and when you will return their messages or emails. You can also provide the contact information for your backup attorney for emergencies and for active case matters.

Be Focused When You Return

The purpose of taking time off is to refresh yourself and connect with your family and friends. When you return to the office, you should feel more focused. With proper preparation, you can have a fantastic time away from the office and be focused and ready to dive in upon your return!

What are your favorite tips for work life balance? Let us know in the comments!

One of Megan’s favorite hobbies (and dare I say…talents) is long-distance obstacle course races. Recently, Megan spoke during Continuing Education of the Bar for the State Bar of California. She shared several important lessons learned from her obstacle course races and how they can be applied to the practice of law. This post is a summary of Megan’s key points.

You Don’t Have to Know How to Do Everything to Succeed

Megan said she had no idea what she was really getting herself into when she signed up for her first obstacle course. When she arrived to the race, Megan was greeted by a four foot wall that she had to climb over just to get to the starting area. Megan cleared the wall and eventually finished the race.

Perfectionism holds most lawyers back. It’s understandable since, by and large, members of the profession are risk averse. If there’s an idea within you that brings a sense of energy and makes you excited, you don’t need all of the answers to do it. It’s important that you have something that makes you want to do more than just show up. You need to do something that gives you energy and drive.

You Know More Than You Think You Know

During the obstacle course races, there’s an alternative for people who cannot complete an obstacle. They can move to the side and complete 30 burpees. They can also choose to rely on the help of others on the course to learn how to overcome the obstacle in front of them. People can also rely on their innate knowledge to figure out what to do.

The same is true for the practice of law. Lawyers easily get stuck when it comes to finding an alternative to solve a problem. You have knowledge you don’t consciously recognize. There are alternatives if you aren’t sure that the solution you have in mind will work. Your path isn’t the only way. Look at the end point and find another path.

Failure Happens to Everyone

Megan mentioned that at many of the obstacle races she competes in, there are video cameras. The cameras are in place to record the professionals (and yes, there are professional obstacle course participants). The officials want to make sure that the pros follow the rules if they don’t complete the obstacle. That’s right – no one is immune to burpees (or failure). Yet, the cameras aren’t concerned with whether the other participants do all of their burpees.

Failure happens. Both professionals and participants must deal with the aftermath. The average participant must rely on their integrity. As a lawyer, you know when you fail even if no one else sees it. Don’t cut corners. Your integrity matters at all times.

We don’t always expect failure, either. Failure isn’t always the result of purposefully doing something you shouldn’t do (or doing it in a way that doesn’t follow the rules). However, it’s important that you know the rules and do things the right way.

Don’t Overthink Opportunities

It’s easy for both racers and lawyers to overthink opportunities that are presented to them. Sometimes, those opportunities come when you least expect it. You may not feel prepared, but remember that it is an opportunity. Consider your ultimate goal and how the opportunity plays into that.

You Don’t Have to Face Obstacles Alone

At a recent obstacle race, Megan and her race partner faced a wall that had to be climbed so that they could continue the course. Another woman was also at the wall. The woman said, “Well, I’ll move to the side and do my burpees.” Megan and her partner told her that she didn’t have to do that. They’d show her how to clear the wall. The wall was eight feet high. First, the woman said no because she could just do the burpees. Megan told the woman she didn’t have to do that – the wall was easy to climb with a partner. They took the time to show her how it could be done and offered to help her over the wall. Again, she said no. This time, it was because she was afraid she would hurt Megan or her race partner. To climb over this wall, they had to first stand on their partner’s knees and then stand on top of their shoulders to pull themselves to the top of the wall. Eventually, the woman climbed to the top of the wall with them. Megan said the look on her face was the best part of the race.

In the practice of law, you must also accept that you don’t have to (nor should you) face every obstacle alone. You must get used to being uncomfortable and asking for help. You’ll go a lot further in your practice when you’re willing to get help. The stress of not knowing what to do and not asking for help can and does lead to burnout, depression, and substance abuse.

Give Help When Asked

Just like in the race where Megan and her race partner helped a total stranger over the wall and it turned into the most memorable part of the race, your most rewarding experiences as a lawyer will come from giving help to your colleagues. There’s absolutely no reason to not be kind. Mentor when asked. Give an encouraging word. There are opportunities everywhere for you to give an encouraging word.

Embrace the Power of Focus

It’s overwhelming to face an obstacle on the race course when you’re absolutely physically and mentally exhausted. Do you listen to what’s going on around you? What do you do in the moment?

Those are valid questions for lawyers who are intimidated by anything (and everything) happening in their practice. The answer is that you turn off the chatter and you focus on what you need to do. You eliminate the distractions. The progress you make will help relieve stress.

Your Age Isn’t What’s Stopping You

Age isn’t the problem. Your age doesn’t stop you from learning something new. Do not use age as an excuse. Megan once met a woman in her 60s during an obstacle course race. The woman was hoping to qualify for a championship race in Iceland. Age is never the problem.

Keep Moving

The only way you’ll get to the finish line of a race or meet your goal is if you keep moving.

Be Resilient

Things won’t always go the way that you planned. Resilience is a key skill in the practice of law and in life.

Find Your Tribe

This doesn’t mean that you solely mingle with other lawyers. It means that you find people who think enough like you to be an asset and differently enough to help you grow.